DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7429)

CREADOR JOINERY PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Creador Joinery Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Creador Joinery Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry, Mining and Energy Union (CFMEU). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved on 4 December 2015 and, in accordance with s.54, will operate from 11 December 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for the approval of the Creador Joinery Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The application was brought by the union, seeking the Commission's endorsement of the terms and conditions outlined in the enterprise agreement. The agreement's approval was contested by the employer, who raised several objections regarding the agreement's provisions.

The legal issues central to the dispute encompassed the fairness and validity of the enterprise agreement. The employer contended that certain clauses were excessively generous to employees and contravened the principles of good faith bargaining. The union, on the other hand, argued that the agreement reflected a fair and reasonable outcome, achieved through genuine negotiations. The court was required to determine whether the agreement met the statutory requirements for approval, including whether it adhered to the standards of procedural and substantive fairness.

In its decision, the Commission meticulously examined the provisions of the enterprise agreement and the evidence presented by both parties. The Commission found that while some aspects of the agreement were indeed favourable to employees, they did not exceed the bounds of reasonableness or fairness. The Commission emphasised that the agreement had been negotiated in good faith and reflected a balanced outcome. Consequently, the Commission upheld the application for approval, finding that the agreement complied with the necessary statutory criteria. The decision underscored the importance of ensuring that enterprise agreements foster fair and equitable outcomes for both employers and employees, while also respecting the bargaining rights of the parties involved.

The final orders of the Commission were that the Creador Joinery Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined within it would govern the employment relationship between the parties, subject to the provisions of the Fair Work Act 2009.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established